Legal News India - Vakilno1.com

Monday, December 3, 2007

Two Delhi doctors sentenced for negligence


New Delhi, Dec 3 (IANS) A city court Monday awarded two years' jail to an anaesthetist and a surgeon of a private hospital in Greater Kailash for a boy's death during an operation.

In a rare verdict, Metropolitan Magistrate J.P. Nahar held surgeon Omkar M. Parmar, 68, and anaesthetist N. Dutta, 73, guilty of the death of 13-year-old Gaurav Batra at Sukhda Hospital of Greater Kailash in 1995.

They were sentenced under section 304 A (causing death by rash and negligent act) of the Indian Penal Code.

Rejecting the doctors' plea for leniency, the court said the complainant parents had lost their only child due to their negligent acts. The court also fined the two doctors Rs.10,000 each.

However, the court later granted them bail on a surety bond of Rs.15,000 each.

"Bail bonds are furnished and are accepted till Dec 29 and both the convicts will have to surrender by 10 a.m. on the same day if they fail to obtain bail from the appellate court," the court said.

Victim Gaurav, who was advised surgery for tonsillitis, was operated upon for his ailment after being admitted in the hospital on June 13, 1995, the prosecution said.

However, his parents panicked when he did not gain consciousness even after being under observation for hours in the hospital.

They made several phone calls to doctors Parmar and Dutta to come and attend to their son but they failed to do so and the boy died, the prosecution alleged.

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Chief justice suggests out-of-court settlement of cases


New Delhi, Dec 3 Expressing concern over the increasing backlog of cases in courts and the slow rate of disposal, Chief Justice of India K.G. Balakrishnan Monday said lawyers could try to settle most of the cases outside courts "as the present establishment cannot cope up".

Inaugurating the Hindi website and annual report 2006 of the district courts of Delhi, the Chief Justice of India said: "The reason for the increasing number of cases is attributed to the fact that the legal fraternity brings all cases to the court. An effort should be made by the lawyers to settle most of the cases outside the courts as the present establishment cannot cope up with the pendency."

According to the annual report 2006, more than 770,310 cases are pending in the district courts of Delhi.

Balakrishnan stressed the need for specialised courts, especially courts pertaining to family matters, but admitted that the disposable rate of cases in 2006 has declined as compared to 2005.

"In India, the judiciary is not well remunerated and there is an urgent need to have better infrastructure to cope up with the increasing work pressure," he said.

Chief Justice of Delhi High Court M.K. Sarma, Justice Madan B. Lokur and Justice Anil Kumar along with other judges were present at the function.

"With the first phase of computerization over in the district courts, we are now aiming to bring changes like introduction of digital signatures, SMS services for lawyers and litigants and installation of CCTVs in the courts," said the chief justice of the Delhi High Court.

The number of cases filed in the courts in 2006 was 76,000 more than in 2005.

Only 279 cases were disposed in 2006.


IANS

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Saturday, October 6, 2007

SC refuses to stay order on investment firm


New Delhi, Oct 5 (IANS) The Supreme Court Friday refused to suspend a Delhi High Court order halting criminal proceedings against finance and investment firm CRB Capital Markets for allegedly duping 135,000 small investors and many financial institutions of Rs.12 billion in the 1990s.

A bench of Justice Ashok Bhan dismissed a Central Bureau of Investigation (CBI) plea to reserve the high court ruling on the grounds that the agency had delayed in filing the appeal against the ruling.

The CBI, which had launched a probe into allegations against the firm, contended before the apex court that the Delhi High Court had no jurisdiction to annul the charge sheet filed under the Prevention of Corruption Act, 1988, before the Mumbai special judge.

The agency contended that the high court had not only stayed the criminal proceedings, but had also approved the revival scheme of CRB Capital Markets in January this year.

The CBI had registered a slew of cases against CRB chairman Chain Roop Bhansali, State Bank of India officials and others for duping the Bank of Baroda of Rs.34.3 million and State Bank of India of Rs.570 million in 1997.

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Tuesday, July 24, 2007

Lawyers boycott Judge after he rules Attorney 'insane'


Chandigarh, July 24 (IANS) Agitated lawyers of the Punjab and Haryana High Court Tuesday decided to boycott Justice Uma Nath Singh, demanding that all judicial work be withdrawn from the judge, he be moved out and impeachment proceedings be initiated against him.

Judge Singh had Monday evening declared local lawyer Tahar Singh "insane" and ordered the Central Bureau of Investigation (CBI) to take him to a mental hospital in Agra.

Tahar, who had in recent months taken up cudgels in the high court against the conduct of certain judges, was picked up by the CBI a couple of hours later Monday evening.

Agitated lawyers of the high court's bar association led a vociferous demonstration in front of the CBI office here, forcing high court Chief Justice Vijendra Kumar Jain to Monday constitute a late night division bench comprising Justices M.M. Kumar and Surya Kant to stay Justice Singh's order.

The CBI team taking the lawyer to the mental hospital in Agra was recalled from Delhi by the high court.

"We will continue to boycott Justice Uma Nath Singh's court till action is taken against him. His order Monday was beyond the jurisdiction of the court," senior advocate Anupam Gupta said Tuesday.

Protesting lawyers went on a sit-in outside the high court Tuesday demanding action against the judge.

Bar association president Anmol Rattan Sidhu and Chandigarh's government standing counsel Anupam Gupta said the high court action in sending the lawyer to a mental hospital was unwarranted and unprovoked.

Tahar had recently also been booked by the local police after his wife accused him of cruelty and criminal intimidation. But after the high court order sending him to the mental hospital, his wife Sujata Sharma changed her tone to claim that she had never said that he was insane.

Judge Singh in his order said: "In view of the serious nature of allegations regarding beatings and torture of the complainant (the lawyer's wife) and her children by the accused in a barbaric manner which only an insane person would do and further that on enquiry, the court is prima facie of the opinion, that accused is a worst case of mental disorder.

"It is also learnt from the bar that the accused creates nuisance and commotion wherever he goes with the help of anti-social elements on the strength of some vested interests who finance him in doing so.

"In this background, to ensure the safety of the life of the complainant and her children, I deem it expedient to direct the senior superintendent of police of the CBI, Chandigarh to immediately take the accused in custody and take him away from Chandigarh to the mental hospital in Agra, for proper treatment."

The judge also directed the CBI to use "modern devices" to investigate the link between Tahar Singh and anti-social elements who were "misusing him during his spell of insanity".

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Thursday, July 12, 2007

"Bombay Lawyers" to go on air from July 21


New Delhi July 12 - NDTV India on Tuesday announced the launch of 'Bombay Lawyers', a mini-series based on inspiring legal cases related to corruption, crime, nepotism and social ills rampant in India.

The mini series will be aired every Saturday starting July 21, 2007 at 10:00 pm (IST). Each episode will be an hour long and will deal with two cases.

The serial is centred around the firm of Roy & Raghavan, a firm of lawyers committed to working with integrity and dedication and against injustice in all its forms. The lawyers are themselves a rich cross-section of society. >> Read More

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